Terms of Service

These Terms of Service (the “Terms”) govern the use of the website https://unipayment.io/ (the “Website”) and the payment-related services (the “Services”) provided by UAB UniPayment (“UniPayment”, “we”, “our”, or “us”) through the Website, API, or other permitted means. The Services covered by these Terms are limited to payment services provided by UniPayment in its capacity as an EMI-Agent, within the scope of the applicable authorization and supervision framework.

In addition to these Terms, the provision of the Services may be subject to individual agreements between you and us, as well as mandatory laws and other legal acts applicable in the Republic of Lithuania.

By accessing, registering for, or using the Services, you agree to be legally bound by these Terms and confirm that you have read, understood, and accepted all of the provisions contained herein.

Unless otherwise stated, these Terms do not govern your access to or use of any third-party software, websites, or services.

1.1 UAB UniPayment is a company registered in Lithuania (registry code: 306661164), with its registered address at Vilnius, Žalgirio g. 88-101, LT-09303.

UAB UniPayment does not provide any crypto-asset services within the meaning of Regulation (EU) 2023/1114 (MiCA).

UAB UniPayment operates as an agent of a licensed electronic money institution and provides payment-related intermediary services in its capacity as an EMI-Agent, in accordance with applicable European Union and Lithuanian laws and under the supervision framework applicable to such activities.

The Services provided by UniPayment are limited to intermediary, commercial, technical and operational services related to payment services performed by its partner electronic money institution(s). UniPayment does not itself provide electronic money services, execute payment transactions, or hold client funds.

1.2 UniPayment is not a bank, credit institution, or electronic money institution and does not provide investment, financial, or legal advice. UniPayment acts solely as an intermediary and service facilitator within the scope of the Services described in these Terms. Any information or communication provided by UniPayment shall not be construed as advice.

1.3 You acknowledge that the use of payment-related services involves certain operational, regulatory and financial risks, including potential delays, service interruptions, third-party dependencies, or compliance-related restrictions. You agree to assume such risks to the extent permitted by applicable law.

1.4 You may not use the Services if you are a person barred from using the Services under the laws of your country, including the country in which you are resident or from which you use the Services, or international laws or treaties.

1.5 The Services provided by UniPayment are available 24/7, but we reserve the right to temporarily suspend them, without prior notice or compensation, in order to perform necessary works such as server updates, maintenance operations, and other modifications. You acknowledge and accept that potential delays in the provision of our Services are possible.

1.6 The Services provided by UniPayment are constantly evolving, and you may be required to accept or install updates or updates to third-party software (such as browsers or operating systems) to continue using the Services or access the latest features. We reserve the right to update the Services at any time, without prior notice or disclosure of the reasons for the update. In the event that you fail to accept or install any necessary updates, the Services may become unavailable to you, and UniPayment will not be held liable for any losses or damages incurred as a result.

1.7 The Website may not be completely accurate, up-to-date, or comprehensive and may contain technical inaccuracies or typographical errors. Therefore, the Merchant is responsible for verifying all information before relying on it, and any decisions made based on information found on the Website are solely the Merchant's responsibility. UniPayment shall not be held liable for any decisions made based on information found on the Website.

1.8 You are solely responsible to ensure the security of your devices while accessing our Services. This includes maintaining up-to-date anti-virus software and taking measures to protect your devices from malware. UniPayment will not be held responsible for any losses or damages resulting from your failure to adequately protect your devices from malware or other security threats.

1.9 UniPayment does not assume responsibility or liability for the delivery, quality, safety, legality, or any other aspects of goods or services offered by you as a Merchant or that you may purchase as a Client using our Services. We are not responsible for ensuring that transactions between parties are completed satisfactorily. If you experience issues with products or services purchased through the Services as a Client or disputes with your clients as a Merchant, you should seek to resolve these issues directly, without involving UniPayment. However, in cases where you face issues directly related to UniPayment’s Services, we will work with you to resolve such concerns promptly. UniPayment does not accept queries, requests, or complaints about the quality, legality, safety, or delivery of products and services purchased through our Services, except in cases directly related to the provision of our Services to you.Unipayment.

1.10 UniPayment reserves the right to change or update information related to its policies, products, and services, as permitted by applicable law, to ensure the most accurate and complete information is provided. In cases where such changes may impact the Merchant, UniPayment will provide a minimum of 30 days' notice prior to the changes taking effect.

1.11 The Merchant expressly acknowledges that any use of the Services is solely at their own risk and that they assume full responsibility for the satisfactory quality, performance, accuracy, and effort involved. The Website is provided without any warranties, whether express, implied, or statutory, and is made available on an "as is" and "as available" basis. UniPayment explicitly disclaims any warranties of title, merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by applicable law. UniPayment does not guarantee that access to the Services or any materials contained therein will be uninterrupted, continuous, timely, or free of errors.

1.12 Affiliated Entities and Exclusion of Crypto Services. The Merchant acknowledges that these Terms govern only the payment intermediary services provided by UAB UniPayment. While UniPayment’s affiliate, UniPayment Canada, may provide crypto-asset related services in certain jurisdictions:

2.1 In order to use the Services, you must register an account with UniPayment. During the registration and onboarding process, you will be required to provide information requested by UniPayment for the purposes of merchant onboarding, identity verification, risk assessment, and compliance with applicable laws and regulations. Such information may include details regarding your business activities, corporate structure, beneficial ownership, and other information required to facilitate access to payment-related services provided by UniPayment’s partner electronic money institution(s). The information provided during account creation must be accurate, complete, and kept up to date. You must notify UniPayment of any material changes within five (5) business days. UniPayment reserves the right to reject, suspend, or terminate an account if the information provided is inaccurate, incomplete, or misleading.

2.2 Our Services are not intended for use by children. Access to and use of our Services is restricted to individuals who are at least 18 years old and have full legal capacity. If you are younger than 18 or lack full legal capacity, you are not permitted to use our Services. By using our Services, any individual who acts as a Merchant or provides personal information to us represents and warrants that they are 18 years of age or older. If you are entering into these Terms on behalf of an entity, such as your employer or the company you work for, you are representing that you have the legal authority to bind that entity to these Terms.

2.3 In order to verify your identity, assess business risks, and comply with applicable laws and regulations, we will require you to provide us with any and all necessary documentation during the registration process. We may also obtain information from third-party identity verification services to complete this process. You understand that this is necessary to ensure that our platform is being used in a safe and compliant manner.

2.4 We reserve the right to reject any account registration for any reason, including but not limited to insufficient information or conclusions drawn from our analysis of specific information. Additionally, we may close any account at our sole discretion if we determine that the information provided is inaccurate, incomplete, or in breach of our Terms.

2.5 You are solely responsible to ensure the security of your passwords and to monitor any activity on your account on the Website. If you find any unauthorized use of your account or password, you are obligated to promptly inform UniPayment. We will not be accountable for any damages, liabilities, or losses incurred due to any unauthorized use of your account. You are prohibited from sharing your account details with others or engaging in the buying or selling of accounts with third parties.

2.6 During registration and at any time upon request, you agree to provide information required for ongoing due diligence, identity verification, and the prevention of financial crime, in accordance with UniPayment’s AML/KYC Policy and applicable regulatory requirements. Such information may also be shared with UniPayment’s partner electronic money institution(s) for compliance purposes, where required by law.

3.1 Throughout the use of Services, you agree to act in good faith and to use the Services only for purposes that are legal, proper, and in accordance with these Terms and any applicable laws or regulations, as well as any specific agreements related to them. Some examples of what is prohibited, but not limited to, are sending, uploading, distributing, or disseminating unlawful, defamatory, harassing, abusive, fraudulent, obscene, or objectionable content; distributing viruses, worms, corrupted files, or any other destructive or deceptive items; uploading or posting content that infringes any patent, trademark, copyright or other proprietary rights of any party; violating the legal rights of others, including sending unauthorized or unsolicited advertising or bulk emails; engaging in unlawful activities such as creating sites for prostitution or selling illegal or stolen items; modifying or reverse engineer any part of the website or software; displaying hate-related or violent content or encouraging conduct that violates criminal laws or third party rights; using any device to collect unauthorized information about customers; using the Services to bring an intellectual property infringement claim against UniPayment or interfere with the proper functioning of the Services.

3.2 You agree to provide us with information, documents, and data that are precise, accurate, current, not intended to mislead, and free of viruses or any other computer programs or files that could disrupt the regular operations of the UniPayment System and/or related applications. You are obligated to fulfill your obligations to us in a timely and proper manner.

3.3 You may only use our Services for legitimate transactions with your Clients. Consequently, you bear sole responsibility for your relationships with them, as you are the only entity that can be held accountable to them.

3.4 The Merchant is solely responsible for the nature and quality of the products or services it provides.

3.5 The Merchant is prohibited from framing or mirroring any aspect of the Service, except as allowed by the Terms or with explicit written authorization from UniPayment.

3.6 UniPayment reserves the right to monitor the activities of all users (via audits or any other means) throughout the duration of these Terms, for the purpose of ensuring adherence to these Terms, among other objectives. Any audit may be conducted by UniPayment or a third party authorized by UniPayment. If an audit discovers that any password has been disclosed to an unauthorized individual who is not a user of the Website, UniPayment is entitled to, without any delay, deactivate such passwords and promptly inform the Contracting Party of the situation.

3.7 In the event that you violate these Terms, UniPayment retains the right to, at UniPayment’s sole discretion (without your consent or notice), block, terminate, or deny access to and use of Services to any Merchant. UniPayment will not be obligated to provide justification for its actions.

4.1 Merchants are prohibited from opening an account or using the Services if they are incorporated in any jurisdiction listed in UniPayment’s Customer Acceptance Policy. The Merchant should refer to such policy for the most up-to-date list of non-serviced jurisdictions. UniPayment may also enforce access restrictions based on geolocation or other risk-based indicators, in accordance with applicable laws and regulations.

4.2 The use of the Services is prohibited where the applicable law or the law of the relevant jurisdictions prohibits it.

4.3 UniPayment reserves the right to choose which markets and jurisdictions to operate in and may limit or refuse its Services to particular countries.

4.4 UniPayment also reserves the right to employ various measures to prevent the use of its Services by those Users mentioned above.

4.5 You must abide by this Section 4, even if UniPayment’s measures to prohibit the use of the Services are ineffective or can be circumvented.

5.1 Information regarding the pricing, fees, and applicable remuneration for the Services is made available to the Merchant through the UniPayment merchant dashboard or other interfaces provided by UniPayment from time to time. If the Merchant requires additional information regarding fees, they may contact customer support at [email protected].

5.2 The Merchant is responsible for any fees, charges, or costs imposed by third-party service providers in connection with the use of the Services, where applicable.

5.3 UniPayment reserves the right to decline to process or cancel any pending transaction in compliance with legal requirements, regulations, court orders, or any governing authority in any jurisdiction. Additionally, UniPayment may choose to delay a transaction if there is a suspicion of fraudulent or illegal activity or if there are technical issues with the relevant software or other technological factors.

5.4 The responsibility of identifying applicable taxes, reporting, and remitting the correct tax amount to the relevant tax authority lies with the Merchant. UniPayment shall not be held accountable for determining whether taxes apply to the Merchant or for collecting, reporting, withholding, or remitting any taxes that arise from any transactions.

5.5 UniPayment reserves the right to modify the remuneration rates, payment procedure, or the range of such rates at any time with prior notice to the Merchant. Any changes to remuneration rates or payment procedures will take effect 30 calendar days after providing written notification to the Merchant. If you disagree with the changes made to the remuneration rates or payment procedure, you must refrain from using our Services.

5.6 All fees and remuneration paid by the Merchant to UniPayment for the use of our Services are considered non-refundable.

5.7 UniPayment strives to provide accurate pricing and rate-related information where applicable; however, such information may be subject to change.

5.8 Our Service is exclusively available for the currencies supported by UniPayment or its partner institutions, which may be subject to change periodically.

6.1 UniPayment reserves complete ownership of the industrial, intellectual, copyright, and other related property rights over the UniPayment mark, along with all its components, such as software, images, and sound, as well as any information, including documentation, procedures, updates, developments, or derivatives that are provided, disclosed, or transmitted to the Merchant concerning the access, execution, and usage of the Services.

6.2 Any use of UniPayment Services made by the Merchant for purposes other than those authorized herein, in particular, copies, total or partial, shall cause the Merchant to be liable to UniPayment, civil and/or criminal, as applicable, and the Merchant shall be obliged to indemnify UniPayment for all damages caused.

6.3 UniPayment retains all intellectual property rights pertaining to the Services or any of its components, along with any associated material or documents. In the event that the Merchant acquires any intellectual property rights in the Services or any associated material or documents, the Merchant agrees to assign or procure the assignment of such intellectual property rights to UniPayment with full title guarantee, including through the present assignment of future intellectual property rights. The Merchant also agrees to execute all necessary documents and undertake all actions that UniPayment deems necessary to enforce this clause.

6.4 Unless explicitly stated in these Terms, it is strictly prohibited to copy, modify, adapt, reproduce, republish, upload, post, publicly display, encode, translate, transmit, or distribute any part of the UniPayment Services and/or the UniPayment Website, including content, to any other computer, server, website, or medium for commercial purposes without obtaining UniPayment’s express prior consent. This also includes editing or creating derivative works from such materials or content, or in any way exploiting the material or content of the Website or the Services.

6.5 The information pertaining to the Services made available for downloading from the Website may be used under the following conditions:

• Any proprietary notice language present in all copies of such documents will not be removed.
• The information is intended solely for informational purposes and will not be copied or posted on any networked computer or broadcast in any media.
• No modifications will be made to any such information.
• No additional representations or warranties relating to such documents will be made.

6.6 The Merchant shall provide full compensation to UniPayment for any breach of UniPayment’s copyrights or other intellectual property rights.

7.1 The Services may include third-party services such as applications, services, products, or software, which are developed or hosted by a third party. UniPayment may provide links to third-party materials, such as websites, for the convenience of its users. However, UniPayment does not have control over these third-party materials. You agree that UniPayment cannot monitor these third-party services and that you access them at your own risk.

7.2 By using any third-party services, you acknowledge that they are not controlled by UniPayment and that UniPayment will not be responsible or liable for any issues related to them. Your use of third-party services is solely between you and the respective third party and will be governed by the third party's terms and policies. You are responsible for reviewing these terms and policies before using any third-party services.

7.3 When using third-party services, it is possible that these services may require access to your or your customers' data. In such cases, the third party's privacy policy and practices will govern the handling of the data. UniPayment cannot control how a third party may use such data. It is important to refrain from sharing any sensitive information, such as credentials or other sensitive access information, with a third party until their legitimacy has been validated.

7.4 Some third-party services may not function appropriately with your website or software. In such cases, UniPayment may not be able to provide support for issues caused by third-party services. If you have any concerns or questions about how a third-party service works, or require support, it is advisable to contact the third party directly.

7.5 UniPayment may, at its discretion, suspend, disable, or remove third-party Services in certain situations.

7.6 UniPayment explicitly disclaims any responsibility for any harm that may result from your use of websites, webpages, software, services, and content of the third party. It is your responsibility to understand and accept the risks associated with using third-party services, and you agree to hold UniPayment harmless for any issues or damages arising from the use of third-party Services.

8.1 These Terms will become effective for the Merchant upon the first use of the Services or upon registration of the account on the Website and will remain in effect indefinitely.

8.2 These Terms may be terminated by either party upon providing written notice of 60 days to the other party. It should be noted that termination under this clause shall not impair or affect any accrued rights or due payments.

8.3 You may terminate these Terms by submitting a request to delete your account on the Website to the customer support team (email). The Terms will be considered terminated once you receive confirmation from the customer support team. Please note that the customer support team typically responds within five (5) business days. No refunds will be issued upon termination of these Terms.

8.4 UniPayment reserves the right to terminate these Terms and your account for the Services, with immediate effect, in cases of breach of agreement by the Merchant, liquidation, or other significant violations of applicable law. For other circumstances, UniPayment will provide reasonable notice before termination. You understand and acknowledge that termination of access to the Services may occur under certain conditions, and UniPayment will not be held liable to you or any third party for such termination if conducted in accordance with these Terms.

8.5 Upon termination of the Services, your right to use the Services will immediately terminate, and UniPayment will not have any liability towards you for any suspension or termination.

8.6 All provisions of the Terms that, by their nature, should survive termination of Services, including Sections 3, 6, 7, 9-12, will remain in effect.

9.1 You agree to indemnify UniPayment, its affiliated and related entities, and any of its officers, directors, employees, and agents from and against any claims, costs, losses, liabilities, damages, expenses, and judgments of any and every kind (including, without limitation, costs, expenses, and reasonable attorneys’ fees) arising out of, relating to, or incurred in any way related to:

• Your use of the Services;
• Your breach of these Terms;
• Your violation of applicable laws, rules, or regulations in connection with the Services;
• Your goods, products, and services, including any liability or expense, arising from all claims, losses, damages (actual and consequential), suits, judgments, and litigation costs of every kind and nature.

9.2 The Merchant is solely responsible for your goods, products, and services. UniPayment does not participate in any of your relationships with your clients. It is your responsibility to fulfill all representations or warranties that you make to your customers regarding your goods, products, and services.

9.3 As the Merchant using our Services, you are solely responsible for your clients and their activities. You are solely liable for ensuring the quality, safety, and legality of any products or services that may be provided using the Service.

10.1 Nothing in these terms shall exclude or limit UniPayment’s warranty or liability for losses that may not be lawfully excluded or limited by applicable law.

10.2 Unless otherwise stated in these Terms, we provide the services on an "as is" and "as available" basis, and your use of the acceptance services is at your own risk. We do not provide any warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement, to the maximum extent permitted by applicable law.

10.3 Without limiting the foregoing, we do not warrant that the Services (and Website) will operate without error, that any defects or errors will be corrected, that the services will meet your requirements, or that they will be available, uninterrupted, or securely at any particular time or location. We also do not warrant that they are free from viruses or other harmful content.

10.4 You agree and understand that we do not endorse, warrant, guarantee, or assume any responsibility for any product or service offered or advertised by a third party through the acceptance services or our website, and we will not be a party to nor monitor any interactions between you and third-party providers of products or services.

10.5 UniPayment and its affiliates, as well as any of their respective service providers, will not be held liable to you or any third party for any interruptions, delays, or inability to use the software, lost revenues or profits, delays, interruption, or loss of services, business or goodwill, loss or corruption of data, loss resulting from system or system service failure, malfunction or shutdown, failure to accurately transfer, read or transmit information, failure to update or provide correct information, system incompatibility, provision of incorrect compatibility information, or breaches in system security, or for any consequential, incidental, indirect, exemplary, special, or punitive damages arising out of or in connection with these terms, breach of contract, tort (including negligence) or otherwise, regardless of whether such damages were foreseeable and whether or not UniPayment or its affiliates were advised of the possibility of such damages.

11.1 In no event will we be liable to you or any third party for any indirect, special, incidental, consequential, exemplary, or punitive damages, including but not limited to lost profits, lost revenues, lost data, or other intangible losses arising from the use, inability to use, or unavailability of our services. We shall not be responsible for any damage, loss, or injury resulting from hacking, tampering, virus transmission, or other unauthorized access or use of our services, your UniPayment ID, or any information contained therein.

11.2 By accepting these terms, you acknowledge and agree that UniPayment's liability to you for any claims related to your use or inability to use any part of the Services or these terms, whether in contract, tort, or otherwise, is limited to a maximum aggregate amount of 100 USD. These limitations of liability shall apply to the fullest extent permitted by law. However, we do not exclude our liability for gross negligence or willful misconduct.

11.3 Each provision of these Terms that limit our liability, disclaims warranties or excludes damages is meant to allocate the risks between us and is an essential element of our agreement. These provisions are independent and severable from each other, and they shall apply even if any limited remedy fails to achieve its essential purpose.

12.1 These Terms shall be governed by and construed in accordance with the laws of the Republic of Lithuania, without regard to conflict of law principles.

12.2 Any dispute, controversy, or claim arising out of or in connection with these Terms, including their validity, interpretation, performance, termination, or any non-contractual obligations, shall be subject to the exclusive jurisdiction of the competent courts of the Republic of Lithuania.

12.3 Prior to initiating any legal proceedings, the parties shall make reasonable efforts to resolve any dispute amicably. Either party may give written notice of a dispute, and no legal action shall be commenced until thirty (30) calendar days after such notice has been provided, unless mandatory law requires otherwise.

13.1 By agreeing to these Terms, you explicitly give UniPayment permission to process your personal data and transfer it outside the jurisdiction in which you reside or are located, to jurisdictions within the European Union (EU) or those with data protection standards equivalent to GDPR. UniPayment is committed to taking all reasonable and necessary organizational and technical measures to safeguard and protect the personal data of its users.

13.2 Our Privacy Notice is available on the Website and is incorporated by reference into these Terms.

13.3 As a Merchant using UniPayments' Services, you must comply with personal data legislation for each of their customers and obtain their voluntary consent, or other legal bases, to collect, store, and process their personal data (including by UniPayment). The Merchant acts as an independent data controller in respect of its customers’ personal data and is responsible for complying with applicable data protection laws. The Merchant must inform and obtain consent from their customers for the transfer of personal data to UniPayment and provide the required information in accordance with personal data legislation. The Merchant must take necessary organizational and technical measures to protect their customers' personal data. If the Merchant violates any personal data legislation and causes losses to UniPayment, they must indemnify all losses.

16.1 You agree to receive electronic communications from UniPayment, which may include messages sent through the Website or Services, as well as emails. You also give your consent to receive promotional and informational notifications, as well as advertisements, electronically (including via email and SMS) and view them through the Services.

16.2 You are solely responsible for determining any and all taxes that may arise from your use of the Services. This includes assessing, incurring, collecting, paying, and withholding taxes as required by law. You are solely responsible for collecting, withholding, reporting, and remitting the correct amount of taxes to the relevant tax authorities. We are not obligated to determine whether taxes are applicable to your transactions, nor to calculate, collect, report, or remit any taxes to any tax authorities on your behalf.

16.3 If any provision of the UniPayment Terms is found to be invalid or unenforceable due to any law, regulation, or court order, such a finding will not impact the validity or enforceability of any other provisions in the UniPayment Terms.

16.4 If a party fails to assert any right or provision under the UniPayment Terms, it does not mean that the party waives the right or provision. A waiver of any term in the UniPayment Terms shall not be considered a continuing or further waiver of that or any other term.

16.5 All communications related to the UniPayment Terms must be provided in writing in English. You may receive notices via a reputable overnight air courier or email. The parties acknowledge that all agreements, notices, disclosures, or other communications provided electronically will be considered “in writing”. However, this clause does not apply to serving legal documents in legal proceedings. UniPayment reserves the right to send notices to you at the email and physical address that you provided when you created your account.

16.6 We shall not be held responsible or liable for any delays in processing or other failures to perform our obligations caused by events beyond our reasonable control, such as fires, telecommunications, utility or power failures, equipment failures, labor disputes, riots, war, non-performance of our vendors or suppliers, acts of God, pandemics, or any other causes over which we have no reasonable control.

16.7 Nothing in these Terms is intended to or shall be deemed to, establish any joint venture, an agency relationship, or a legal partnership between UniPayment and the user.

16.8 For the purposes of the UniPayment Terms, a business day shall be standard business hours on any day excluding Saturday or Sunday.

16.9 While these Terms and the Website are translated into multiple languages, in cases of inconsistent statements, the English language versions take precedence.

17.1 UniPayment reserve the right to make amendments or updates to these Terms by posting the revised Terms on the Website.

17.2 The updates or changes shall become effective upon publication, unless otherwise stated. Where changes materially affect the Services or the Merchant’s rights or obligations, UniPayment will provide reasonable prior notice before such changes take effect. If you continue to use the Services after we provide notice of such changes, your continued use constitutes acceptance of the amended Terms and an agreement to be bound by them.